Georgia § 9-10-30 - Proceedings in equity generally; injunctions to stay pending litigation; divorce cases.

§ 9-10-30. Proceedings in equity generally; injunctions to stay pending litigation; divorce cases.

All actions seeking equitable relief shall be filed in the county of the residence of one of the defendants against whom substantial relief is prayed, except in cases of injunctions to stay pending proceedings, when the action may be filed in the county where the proceedings are pending, provided no relief is prayed as to matters not included in such litigation, and except in divorce cases, venue in which is governed by Article VI, Section II, Paragraph I of the Constitution of this state. (Orig. Code 1863, § 4095; Code 1868, § 4124; Code 1873, § 4183; Code 1882, § 4183; Civil Code 1895, § 4950; Civil Code 1910, § 5527; Code 1933, § 3-202; Ga. L. 1962, p. 659, § 1; Ga. L. 1983, p. 3, § 48.) Code Commission notes. - Ga. L. 1962, p. 659, § 1, purporting to amend this Code section to provide that foreclosures and sales under power should be considered pending litigation, was held unconstitutional in Modern Homes Constr. Co. v. Burke, 219 Ga. 710 , 135 S.E.2d 383 (1964), as a violation of the separation of powers doctrine of Ga. Const. 1976, Art. I, Sec. II, Para. IV, and the section has therefore been set out without said provision. In addition, reference to Ga. Const. 1976, Art. VI, Sec. XIV, Para. I (now Ga. Const. 1983, Art VI, Sec. II, Para. I) with regard to divorce cases was added for clarification. Law reviews. - For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972). For note, "Venue in Multidefendant Civil Practice in Georgia," see 6 Ga. State U.L. Rev. 427 (1990). For comment on Bennett v. Bagwell & Stewart, 214 Ga. 115 , 103 S.E.2d 561 (1958), holding that as a nuisance is a continuing trespass, a court in equity will enjoin it in the county of the resident defendant even though he is only an agent or employee of the nonresident defendant, see 21 Ga. B.J. 564 (1959).